CC Minutes - 02/19/08 Public Hearing

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also pointed out that the staff report noted the proposal met the definition of Mixed Use. With respect to parks and open space, the record indicated staff had found, and the Planning Commission concurred, that the City complied with State planning goals in that regard and the Parks and Open Space Division was not interested in the site as it was too small and too close to a dangerous thoroughfare. He understood that property was in escrow near Madison Middle School for a community park. With respect to Policy 22, the Planning Commission addressed, and found the proposal to be in compliance with, the cited policies. Councilor Bettman asked that the council be provided with a definition of mixed use and the section of the code in which it was found. Mayor Piercy closed the public hearing and noted the record would remain open until March 7, 2008. 2. PUBLIC HEARING An Ordinance Concerning Elections Procedures; Amending Sections 2.960, 2.964, 2.965, 2.966, 2.968, 2.970, 2.971, 2.973, 2.977, 2.979, 2.980, 2.981, 2.993, 2.994, 2.996, 2.997, 2.1000, and 2.1990 of the Eugene Code, 1971; Adding Sections 2.961 and 2.975 to that Code; Amend- ing Section 2.976 and Renumbering Section 2.976 to Section 2.974; Amending Section 2.990 and Renumbering Section 2.990 to Section 2.984; Amending Section 2.985 and Renumbering Section 2.985 to Section 2.986; Amending Section 2.986 and Re-numbering Section 2.986 to Section 2.987; Amending Section 2.988 and Re-numbering Section 2.988 to Section 2.989; Re- numbering Section 2.984 to Section 2.985, Section 2.987 to Section 2.988; and Repealing Sec- tion 2.992 of that Code City Recorder Mary Feldman introduced the item. She reminded the council of the work session it held on the item on February 11, and reviewed the changes being proposed. The council would deliberate on the item on March 10, and the changes mentioned by the council would be presented as amendments at that time. Mayor Piercy opened the public hearing. th Paul Nicholson , 1855 East 28 Avenue, thought some of the changes seemed sensible but he was concerned that the City Attorney was ‘widely regarded as biased” in regard to past initiatives and he thought it a mistake to rely on the attorney for any discretionary decisions such as the legal sufficiency of a referendum petition. He thought it should be referred to an unbiased party, such as a judge. He objected to sending ballot title appeals to Circuit Court because of the cost of going to that court. He preferred to keep the existing appeal, which was to the City Council. Regarding Section 2.993(2), he said it appeared to allow the council to ignore the voters’ pamphlet, which he thought a mistake as it was a useful informational tool and created the risk of making the public feel the process was biased. There being no other requests to speak, Mayor Piercy closed the public hearing. MINUTES—Eugene City Council February 19, 2008 Page 6 Public Hearing