HomeMy WebLinkAbout06/26/1989 Meeting (2)
e M I NUT E S
Eugene City Council
Council Chamber--City Hall
June 26, 1989
7:30 p.m.
COUNCILORS PRESENT: Robert Bennett, Shawn Boles, Debra Ehrman, Bobby Green,
Emily Schue.
COUNCILORS ABSENT: Ruth Bascom, Roger Rutan, Freeman Holmer.
The regular meeting of the Eugene City Council was called to order by
Councilor Emily Schue.
Ms. Schue explained that as senior member of the council, she would preside
in the absence of Mayor Miller, Council President Bascom, and Council Vice
President Rutan. Councilor Ehrman served as Council President.
1. CONSENT CALENDAR
e A. Approval of the Legislative Committee Minutes of June 6, 1989
B. Authorizing Support for House Bill 2904 Which Would Create State
Parks and Recreation Department
C. Appointments: Mayor's Nomination to the Citizen Involvement
Committee
Richard Guske, 59 North Grand Street........(term ending 12/31/89)
D. Modifications to the Business Development Fund
Ms. Ehrman moved, seconded by Mr. Bennett, to approve the
items listed under the consent calendar on the City Council
agenda. Roll call vote; the motion carried unanimously, 5:0.
II. PUBLIC HEARING: ORDINANCE CONCERNING SKATEBOARD RIDING
Assistant City Manager Dave Whitlow introduced the topic. Jan Bohman,
Planning and Development Department, said the proposed ordinance specifies
areas where skateboarding will not be allowed (including the sidewalks of
streets surrounding the mall, the multi-level parking structures, and Lane
Transit District bus transfer stations) and defines the offense of unsafe
operation of a skateboard on a sidewalk. Ms. Bohman noted that the ordinance
- MINUTES--Eugene City Council June 26, 1989 Page 1
e under consideration responded to the council's direction after reviewing and
conducting a public hearing on a similar ordinance. The revised ordinance
has a smaller restricted area than the one originally proposed and also
includes the offense of unsafe operation of a skateboard on a sidewalk.
Responding to Ms. Ehrman's request for clarification of further changes in
the ordinance discussed at the council's work session earlier in the evening,
Ms. Bohman said in Section 1(2)(c), reference to specific bus transfer
stations would be deleted. In that same section, under (3), reference to a
sidewalk in a prohibited area would be added to the general definition of the
offense of unsafe operation. The City Attorney's Office advised that (3)(a)
would be more clear if it specified that a person commits the offense if a
skateboard is ridden upon a sidewalk in an area where it is not otherwise
prohibited.
Councilor Schue opened the public hearing.
Peter T. Wotton, 350 Pearl Street, No. 202, spoke in support of the ordinance
as it was written, but he stressed the importance of providing alternatives
for young people. Mr. Wotton considered skateboarding a healthy sport and
legitimate means of transportation, recommended that a skateboard park be
developed, and mentioned the Skinner Butte reservoir as a potential site.
Charles V. Hodges, PO Box 2710, spoke on behalf of LTD and expressed concern
about the public's safety on connection with skateboarding. Referring to
. vandalism of wooden benches and damage to glass and plexiglass components in
e LTD bus shelters, Mr. Hodges said skateboarding shoul~ not be allowed in
highly congested areas. He recommended requiring skateboarders to carry
their boards through such areas, much as bicyclists are required to push
their bicycles. Mr. Hodges reported that LTD has received a number of calls
from elderly citizens who avoid the 10th Avenue bus transfer area because
they fear they will be injured by skateboarders.
Lorre Albin, 2525 Hawkins Lane, spoke as the parent of a 15-year-old
skateboarder and said she supported the creation of a skateboard park and
other areas where skateboarding is acceptable. Ms. Albin described
skateboarding as an alternative to gangs and an art form that helps build
self-esteem and self-confidence.
Paul Burkhaft, 3530 Knob Hill Lane, expressed appreciation to
nonskateboarders for their support. He said skateboarding is one of the few
available alternatives to drugs and gang activity for young people. He
requested the creation of a skateboard park which he said skateboarders would
volunteer to work on.
Matt Garner, 2845 Kincaid Street, spoke about the treatment of skateboarders
by security guards and police officers. He said a security guard had told
him he could skateboard ih an alley near the Atrium, but he had later been
cited by a police officer for doing so. Mr. Garner maintained that
bicyclists were treated differently than skateboarders and that other dangers
in the downtown area are not being addressed.
e MINUTES--Eugene City Council June 26, 1989 Page 2
e Jesse Johnson described skateboarding as a means of transportation and
claimed that skateboarders are treated unfairly. He encouraged the council
to look at both sides of the skateboarding issue.
Ronald Sloth reported conflicting statements being made by different security
guards who had cited him for violations. He asked for a definition of
recklessness in the use of a skateboard. If a skateboard park is developed,
Mr. Sloth urged the council not to limit skateboarding to that one area.
Michelle Vesey asked that recklessness be defined more clearly.
Josh Newell felt the ordinance was not intended to address issues of
vandalism and safety, but was a reaction to the fact that skateboarders look
different than other citizens.
There being no additional requests to speak, Councilor Schue closed the
public hearing.
Sill Gary, City Attorney's Office, said the term recklessness is not used in
the ordinance. The term "unsafe operation of a skateboard on the sidewalk"
is defined as: 1) riding a skateboard on a sidewalk within the area where it
is prohibited; 2) riding a skateboard on a sidewalk and failing to yield the
right-of-way to all pedestrians; and 3) riding a skateboard on the sidewalk
in a careless manner that would endanger or would be likely to endanger any
person or property on the sidewalk. The third of those three standards is
e the only one involving judgment by the citing officer.
CS 4147--An ordinance concerning skateboard riding; adding a
new Section 5.5450 to the Eugene Code, 1971.
Ms. Ehrman moved, seconded by Mr. Bennett, that the bill with
unanimous consent of the council, be read the second time by
council bill number only, and that enactment be considered at
this time.
Ms. Ehrman commented that the intent of the ordinance was to establish
consistent response by police and security officers and it attempted to
balance the needs of skateboarders with those of pedestrians. She said the
council has discussed and agrees that bicyclists and skateboarders should be
treated equally. With the implementation of the ordinance, Ms. Ehrman said
there appeared to be council support to assign a higher priority to exploring
the development of a skateboard park. She encouraged interested
skateboarders to participate in the process of designing, siting, and
developing a skateboard park.
Roll call vote; the motion carried unanimously, 5:0.
Mr. Boles pointed out to those youthful members of the public who had
testified that councilors were "not born old." He stressed that there was no
e MINUTES--Eugene City Council June 26, 1989 Page 3
e intent to prohibit skateboarding elsewhere in the city except at LTD bus
transfer stations.
Ms. Ehrman called councilors' attention to a verbal testimony received in the
City Manager's Office from Howard Yudelson, 1601 Olive Street. Mr. Yudelson
considered skateboarders a public nuisance in his neighborhood and hoped to
see skateboarding banned on sidewalks near his home and in Charnel Mulligan
Park.
Mr. Whitlow announced that a public hearing on the Parks Master Plan was
scheduled for July 10 and would specifically address a skateboard park.
Mr. Green stated his support for the ordinance and for the development of a
skateboard park. He encouraged those who had testified that skateboarding
was young people's only alternative to involvement with drugs to expand their
horizons.
Council Bill 4147 was read the second time by number only.
Ms. Ehrman moved, seconded by Mr. Bennett, that the bill be
approved and given final passage. Ro 11 ca 11 vote; a 11
councilors present voting aye, the bill was declared passed
(and became Ordinance No. 19623).
III. PUBLIC HEARING: ORDINANCE VACATING UNDEVELOPED RIGHT-OF-WAY LOCATED
e WEST OF GARFIELD AND NORTH OF 26TH (SCHOOL DISTRICT 4J, SV 89-1)
Assistant City Manager Dave Whitlow introduced the topic. Terry Jones,
Planning and Development Department, reported that application had been
received from the owner of all abutting property (School District 4J) to
vacate two unimproved rights-of-way in an area located between Garfield and
City View streets just north of West 26th Place. Based on the information
available, staff found that: 1) the subject area is not presently, nor in
the future, needed for public service facilities or utilities; 2) such public
services, facilities, or utilities can be extended in an orderly and
efficient manner; and 3) the vacation is consistent with applicable
transportation plans. Ms. Jones explained that the property owner has
determined this is a remnant parcel and the buyer has received tentative
approval for a subdivision on the property which will create a new street
fitting better with the topography of the area.
Councilor Schue opened the public hearing.
There being no requests to speak, Councilor Schue closed the public hearing.
CB 4148--An ordinance vacating a portion of a right-of-way
located west of Garfield Street and north of West
26th Place, as more particularly described in
Exhibit A in the ordinance.
e MINUTES--Eugene City Council June 26, 1989 Page 4
e Ms. Ehrman moved, seconded by Mr. Bennett, that the bill, with
unanimous consent of the council, be read the second time by
council bill number only and that enactment be considered at
this time. Roll call vote; the motion carried unanimously,
5:0.
Council Bill 4148 was read the second time by number only.
Ms. Ehrman moved, seconded by Mr. Bennett, that the bill be
approved and given final passage. Roll call vote; all
councilors present voting aye, the bill was declared passed
(and became Ordinance No. 19624).
The meeting adjourned to June 28, 1989, at 8 p.m.
,
(Recorded by Mary Feldman)
mncc 062689-730
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