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<br /> G. Ecological ReEort on the South Hills Density Study - Councilwoman Campbell
<br /> 'reported that the Planning Commission had contacted a group at the University
<br /> ,of Oregon on the ecological portion of the South Hills Density Study. Their
<br /> -; ifindings will be made available at the AIA meeting July 12 at the Feed Mill.
<br /> ; The July 6 report on the meeting had not Comm
<br /> The Council is invited to attend.
<br /> ,as yet been received by the Mayor and Council. Planning Director John Porter ,7/11/73
<br /> ladvised that it was sent to the Joint Parks Committee first before being sent \ File
<br /> to the Council. Mrs. Campbell asked if the report could be given next Wednesday.
<br /> Mayor Anderson advised the Council would wait until receiving copies of the
<br /> ,report but could consider themselves alerted now.
<br /> H. Track Team Storming Spencer Butte - Councilwoman Campbell reported she had had
<br /> one protest against the Oregon Track Team running up and down Spencer Butte.
<br /> :Mrs. Beal reported she has also had calls on it. It was felt the Parks Department Comm
<br /> should look at the butte for possible damage and take it into consideration 7/11/73
<br /> for any future events of this kind. Parks Director Ed Smith advised it wou1d not File
<br /> be an annual event. --....--...--..., - .__~...-l
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<br /> I. Council Meeting Videotape - Councilman Murray was approached last week by a Comm
<br /> University of Oregon student who wants to videotape the next regular Monday 7/11/73
<br /> ~meeting. No objections were voiced b'i ~ounci~.!!!~l!!!>!!,~~:_ File
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<br /> . J. Discussion of _?on~~lL ChaI]5Je Requi_~!!!!!...1'!ts Resul tiT}Lfr~ Supreme Court Decision in
<br /> Fasano Case - City Manager asked Jim Korth from the City Attorney's office to answer
<br /> :questions on the interpretation of the Fasano decision, which had previously been
<br /> ,distributed to the Council in a memo from the City Attorney's office. The Fasano
<br /> decision is a landmark decision. The noteworthy feature is that, prior to the
<br /> case, rezoning was looked upon as a legislative act by councilor commissioners
<br /> ,and therefore a presumption of validity existed. The Supreme Court has abandoned
<br /> ,that theory and says that a rezoning is an exercise of administrative or judicial
<br /> authority and therefore becomes subject to complete judicial review. The court in
<br /> : this case set Gown factors which must be affirmatively found before a zone change can
<br /> ' be granted: The change must be in conformance with the comprehensive plan; it must
<br /> be shown that there is a need, that the potential impact was carefully considered;
<br /> the more drastic the change, the higher the burden of proof; it must be determined
<br /> if the property satisfies a need and satisfies it better than other prope~ties would.,
<br /> I Mr. 'Korth is awai'ting an opinion from the attorney general's office which hopefully
<br /> I will shed some light on the matter and enable them to set downguj..delines in
<br /> considering zone changes and procedures to'be followed. The deci$ion-making body
<br /> must be impartial; no ex-parte contacts are allowed.
<br /> In answer to questions from Councilman Murray, Mr. Korth,answered that it would
<br /> be inappropriate for a council member to be an observer at a meeting where a
<br /> particular zoning issue is being discussed even if not actively engaged in the
<br /> .~ : discussion. This opinion, however, would not extend to discussions on zone
<br /> changes in general where a specific change is not being discussed, nor would it apply
<br /> to condi t;~.ona.l use permi ts, etc. Additionally, it is best not to attend Planning
<br /> ,Commission hearings until clarification is received from the Attorney General.
<br /> I Planning Director advised H. B. 2965 was passed which would allow City Council to
<br /> appoint,hearings official to conduct quasi-judicial hearings. He said he was
<br /> : trying to get a copy of the final bill as passed.
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<br /> ,In answer to questions from Counci 1 woman Campbell, Mr. Korth advi sed it is
<br /> up to the applicant to meet thebuiden of proof required. If the Planning Commission
<br /> " initiates zone changes, they are subject to the same burden. Talking to another
<br /> council member on a zone change is not an ex-parte contact as such and would i
<br /> probably be acceptable. I
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<br /> 'In answer to Councilman Williams," Mr. Korth advised a council tour of a si te I
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<br /> ,would be similar to a jury view and is allowable, as long as whoever is demonstrating)
<br /> the site confines remarks purely to identification and does not give definite 'I
<br /> iopinions. If a council member is familiar with the site and people involved but I
<br /> rhas not engaged in any discussions on it, it would not be regarded as an ex-parte i
<br /> ~contact. I
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<br /> In answer to Mr. Wood, Mr. Korth advised procedures and policies regarding initiating!
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<br /> zone changes could be given ,to 'individuals who call council persons regarding such j
<br /> imatters.
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<br /> IResponding to Mayor Anderson, Mr. Korth advised a council member could accept a
<br /> petition from interested parties as long as it is then made a part of the record. I
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<br /> ,The, council member is simply a condui t.
<br /> 2.3!> 7/23/73 - 7
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