01/13/1976 Meeting - Laserfiche WebLink

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e e e M I NUT E S EUGENE CITY COUNCIL January 13,1976 Adjourned meeting - from January 12, 1976 - was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on January 13, 1976 in the Council Chamber with the following Council members present: Gus Keller, Eric Haws, Tom Williams, Neil Murray, Ray Bradley, D. W. Hamel, and Edna Shirey. Councilwoman Wickes Beal was absent. I - Authorization to sign Parks Department grant requisition Resolution 2471 - Authorizing signature of Charles T. Henry, city manager, for Parks Department grant requisition in the amount of $56,561 (No.1017) was read by number and title. Mr. Keller moved second by Mr. Haws to adopt the resolution. Rollcall vote. Motion carried, all council members present voting aye. II - Bi-Mart, 40th and Donald James Spickerman, representing the city as counsel in place of the city attorney (absent from the issue because of conflict of interest) defined the issue before the Council - whether there was conflict between proposed development and the 1990 Plan. He noted confusion because of some previous statements tending to define the ques- tion as a conflict between the present zoning and the 1990 Plan. But to get into that issue, he said, would contemplate much broader ramifications. The really practical issue was whether a building permit should be issued for the development proposed by Bi-Mart tn the 40th and Donald complex. He said that where there was zoning on a site for an outright use and plans have been submitted in accordance with building code requirements, there appeared to be no discretion to withhold a building permit. Mr.Spickerman referred to possibility of delaying any decision in this matter and possible court action on the part of the applicant. He said any legal action would probably be a suit to show cause why a building permit should not be issued. He had no way of knowing whether such a suit would be filed, he said, but considering the time necessary to prepare such action, the Council would have an opportunity to decide whether there was a conflict between this proposed use and the 1990 Plan. Jim Saul, planner, referred to position of planning staff and legal department re- flected in December 23, 1975 and January 7, 1976 committee minutes (see January 12, 1976 Council minutes) and said they had no information that would warrant a re- versal of that position. In view of the complexity of the issue and possibility of setting precedent, staff felt the appropriate Council action would be to receive testimony at this hearing and then allow staff the opportunity to prepare written analysis of that testimony and an analysis of the course of action open to the Council and consequences; also, to respond to any specific questions from the Council. In response to questions from the audience, the Mayor explained that statements only would be received at this meeting; written analyses could also be presented. Public hearing was opened. Speaking against location of a Bi-Mart store at 40th and Donald and in favor of rezoning the area from C-2 to C-l were Charles Howard, 2551 Chu1a Vista; James Matthews, 3911 High Street; Richard Hinds, 2174 Jeppesen Acres, principal of Dunn School; Maradel Gale, 3615 Glen Oak Drive; John Bennett, 3960 Hilyard Street; Stephen Simpson, 3990 Donald Street; Susan Bettis, 3447 Donald Street; Phyllis Earley, 3945 Mill Street; Mary Simpson, 3990 Donald Street; Barbara Newton, I 2L 1/13/76 - 1