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<br />r52 <br /> <br />e <br /> <br />THERE IS A GREAT DIFFERENCE BETWEEN A POULTRY SLAUGHTER HOUSE AND A RETAIL BUTCHER <br />WHO KI LLS A FEW HENS 'fOR SALE OVER HI S OWN COUNTER. ACTUAL PROCESS I NG or fURS, fEATHERS <br />AND BONES IS QUITE'DlfFERENT THAN USING PROCESSED FEATHERS TO ASSEMBLE A BOW AND ARROW <br />OR TO PUT THE TRIM ON A LADY'S HAT. REFUSE MATERIAL IS NOt Eij~~ Mi~i~o~ED IN M-2, AND <br />Of COURSE wOUlD BE PROHIBITED IN THIS-ZONE, AS THE'O~~'~ANCE ~As6RAWN t~REfULLY TO <br />EXCLUDE EVERY NUISANCE USE FROM AN M-2; LI'GHT- J'NDUSTRUL DI STRI CT~ ":WE tANNOT ESCAPE <br />THE CONCLUSION THAT THESE FALSlfICATIONS.WERE:MADE: D€L~BERAtELy,FOR THE PURPOSE Of <br />:STIRRING UP PEOPLE WHO WOULD OTHERWISE HAVE HAD NO INTEREST. <br /> <br />I <br /> <br />(C) THE NEWSPAPER HAS STATED (EDITORI~L 3/~0, WHICH IS A REPETITI~N OF SIMILAR <br />STATEMENTS IN EDITORIAL Of 2/8 AND OTHER PLACES); "ONCE MORE, THE COUNCIL HAS OVER- <br />RIDDEN THE CAREFULLY STUDIED RECOMMENDATIONS OF ITS PLANNING'CO~~I'SS~~N"; It' IS OUR <br />POSITION THAT WE CANNOT, AND THAT THE CITIZENS OF EUGENE WOULD NOT WANT US TO~AUTO- <br />" ." " <br />MATICALLY ADOPT, WITHOUT INDEPENDENT STUDY, THE RECOMMENDATIONS OF THE PLANNING <br />COMMISSION, OR ANY OTHER NON-ELECTED BODY. U~DER OUR LAWS THE COUNCIL CANNOT DELEGATE <br />RESPONSIBILITY FOR LEGISLATION TO ANY OTHER BODY. THE COUNCIL IS ELECTED BY THE <br />PEOPLE AND IS REQUIRED TO EXERC\'SE rilis BEST INDEPENDENT JUDGMENT. <br /> <br />e <br /> <br />IN THE BYERS' CASE, TO WHICH THE PAPER HAS REPEATEDLY REFERRE~, TH~ COiJ~CIL DID <br />AGREE WITH THE PLANNING COMMISSION. IN SPITE Of THIS; EVE'N THE REGI-ST'ER':GUARD URGED <br />THE REJECTION OF THE ZONING. THE TWO CASES HAVE LITTLE SlMILAR~T~~-OU~-ONLY POINT <br />IS THAT THE ptANNING COMMISSION, EVEN AFTER CAREfUL STUDY, CAN ~~KE A RECOMMENDATION <br />WITH WHICH EITHER THE NEWSPAPER OR THE COUNCIL CAN DISAGREE. THAT'S THE wAy IT <br />SHOULD BE. <br /> <br />(D) SOME OF THE OFfiCIALS AND EMPLOYEES OF THE UNivERSIT~-O~ 'O~EGON HAVE BEEN <br />UNDULY AROUSED IN OPPOSITION TO THE ZONING BY STATEMENTS suc~AsfHISliDITORIAL <br />3/10): "THIS IS AN AREA VIRTUALLY IN THE UNIVERSITY Of" OREGON FRONT YARD". <br /> <br />I <br /> <br />THE RECORD WILL SHOW THAT THE EUGENE COUNCIL HAS CONSISTENTL~ BEEN FRIENDLY TO, <br />AND COOPERATED WITH, THE UNIVERSITY. CAREfUL, ON-THE-SPOT EXAMINATI'ON Of-THE AREA <br />CONVINCES US THAT THERE WOULD BE NO DAMAGE TO THE CAMPUS. PRESENT STATUTES ADEQUATELY <br />PROTECT THE CI TY AND THE UNI VERSI TY fROM NUl SANCES SUCH AS SMOKE, ODOR, GAS;' NOI SE AND <br />V I BRATI ON fROM THE AREA PROPOSED fOR M-3. THE TYPES Of" INDUSTRY PERMdTED UNDER M-2 <br />ARE ALL NON-NU I SANCE I N CHARACTER. THEY WI LL NOT BE DETR I MENTAL TOTHE'UNI VERS I T~. <br />MOST OF THIS AREA CANNOT BE SEEN FROM THE tAMPUS, 'EXCEPT'fROMTHEUN'I'VERS'iTY'SHEATlNG <br />PLANT AND WAREHOUSE, WHICH IS AN M-3 TYPE Of STRUCTURE. HAVING PUT 'AN M-3 TYPE BUILD- <br />ING IN THE AREA" THE UNIVERSITY, IN OUR OPINION, IS NOT JUSTifiED IN OB~ECTING TO THE <br />SAME USE, OR MORE RESTRICTED USES, BY OWNERS OF PRIVATE PROPERTY ADJOINING, UNLESS <br />IT CAN SHOW VERY SUBSTANTIAL DAMAGE. <br /> <br />'. <br /> <br />(E) THE FUTURE Of THE MILLRACE HAS BEEN DRAGGED INTO THIS 'CONTROVERSY TO AROUSE <br />MANY CITIZENS WHO HAVE NO DIRECT INTEREST IN THE ZONING. (EDITORIALS 2/8 AND 3/10) <br />THE RESTORATION Of THE MILLRACE IS IN NO WAY AFfECTED BY THIS ZONING. M-2 WOULD BE <br />AS APPROPRIATE AS M~I SINCE THE BANKS OF THE MILLRACE ARE PRIVATE PROPERTY, PROTECTED <br />BY LAW FROM TESPASSERS. ONLY THE CHANNEL IS ,OPEN TO LEGAL USE BY THE PUBLIC. <br /> <br />.............. <br /> <br />I <br /> <br />To SUM UP: ATTACKS ON TRADITIONAL METHODS Of ARRIVING AT CITY COU~CI.L DECISIONS; <br />MISLEADING STATEMENTS ABOUT THE RELATIONSHIP Of THE COUNCIL AND THE PLANNING COMMIS- <br />SION; fALSE STATEMENTS ABOUT WHAT M-2 ZONING PERMITS; UNWARRANTED CONCLUSIONS THAT <br />THE UNIVERSITY WOULD BE INJURED; AND INJECTION Of AN UNRELATED MILLRACE PROBLEM INTO <br />" , <br />A ZONING QUESTION--ALL THESE HAVE BEEN USED DELIBERATELY TO BECLOUD THE TRUE ISSUE, <br />TO CONFUSE THE CITIZENS OF EUGENE, AND TO DI,SCREDIT THE CITY COUNCIL, fOR THE PURPOSE <br />Of PROMOTING A REfERENDUM. <br /> <br />PART II <br /> <br />e <br /> <br />Now, WITH THE SIDE ISSUES CLEARED UP, IT IS OUR DUTY TO REVIEW THE REASONS WHY <br />THE COUNCIL DECIDED TO ZONE THE AREA AS IT DID. <br /> <br />THE COUNCIL ACTED UNDER THE MANDATE OF THE ZONING ORDINANCE WHICH PROVIDES THAT <br />THE BASIS Of ZONING SHALL BE "To ENCOURAGE THE MOST APPROPRIATE USE Of THE LAND" TO <br />THE BEST INTEREST Of THE CITY OF EUGENE. THE COUNCIL'S DECISION WAS NOT HASTY OR <br />ARBITRARY. IT STUDIED THE PROBLEM fOR MANY WEEKS. THE COUNCILMEN MADE NUMEROUS <br />TRIPS OVER THE AREA, SINGLY AND IN COMMITTEE. ONE JOINT fiELD TRIP WAS MADE WITH <br />MEMBERS Of THE PLANNI NG COMMI SSI ON. THE COUNCI L HELD HEARl NGS. I T' TOOK INTO <br />ACCOUNT EVERY ARGUMENT ADVANCED BY OPPONENTS AND PROPONENTS. IT STUDIED THE REPORT <br />or iHE PLANNING COMMISSION. IT CHECKED WITH RESPONSIBLE CITIZENS WHO HAD NO PERSONAL <br />INTEREST IN THE MATTER. IT HAD DEfiNITE AND POSITIVE REASONS fOR THE CO~CLUSIONS <br />REACHED: <br /> <br />I <br /> <br />e <br /> <br />~ <br />