10/08/1973 Meeting - Laserfiche WebLink

Home Browse Search

r, L. Council minutes for August 27, September 10 and 24, 1973 - As circulated Approve .,. -, --...---- ~---. ------ .- M. Realignment of Ward Boundari~s ~ Councilman Muriay--comm~~1;~d' on the difficul ty faced by himself and Councilman Hershner in representing voters of Ward III because of its geographical boundaries and diversity of land uses. He said he would like to see realignment of ward boundaries and asked for informal dis- :cussion at committee in the near future. He suggested realignment perhaps to ; result in eight wards, or election of council members on an at-large basis. Councilman Hershner thought it would be beneficial to review objections pre- Comm 'sented during previous discussions on changing ward boundaries. Consensus was 10/3/73 . that the issue would merit new discussion and it was understood the item would Affirm be a matter of committee discussion in the near future. 0-.. _ N. Procedures Under. Fasano--Veclsion - Councilman Murray asked - if Council. ;;~mbe- '-"--'--, ld . . rs wo~ rece~ve ~nforn~tion with regard to voting on zone change issues under re- qu~rement~,of the Fasano case rUling. He asked specifically whether a member of ; the Counc~l who has received a campaign contribution from one who might benefit from ~ zone change could vote on that issue. Councilman Williams included the quest~on whet~er absence from any formal session at which a zone change is dis- cus~ed would ~n~alidate a Council member's vote. City Attorney Art Johnson ex- pla~ned the des~re to discuss the history of the Fasano decision on a broad plane: - . a~d.the.probable necessity of adopting procedures to be followed under that de- : c~s~on ~~ resolution or ordinance form. He noted the memo previously distributed to Counc~l rr:embers setting forth procedures for the September 27 joint session of: Comm ~he ~omm~ss~on and Council with regard to the Valley River/Montgomery Ward rezon- [9/26/73 ~ng ~~sue. However, he.sa~d answers to the specific questions mentioned by i File ~o~nc~lmen.Murray and W~ll~ams would be available to Council members prior to the! Jo~nt meet~ng. / Councilman Murray stated his uncertainty as to procedures under which the Council was acting in zoning matters. He said the language of the decision on the Fasano case was to protect the impartiality of the decision making body, but it seemed Mrs. Campbell's case - being advised she was disqualified from voting after she had made herself familiar with the Valley River issue - and other factors which cast doubt upon impartiality in conflict- of-interest type issues created a real problem of credibility. He felt a list of regula- tions would be necessary if the Council were to continue to operate in that fashion! He expressed the hope that the City Attorney's review of procedures under the Fasano decision would soon be ready. Manager said a good deal of staff time had been spent trying to develop a procedural ordinance and set of rules for that ordinance both to meet stringent legal problems and still allow kinds of public participation and discussion that questions ofzohing should . properly permit. The Attorney's second draft of a proposed ordinance has been prepared and hopefully a final draft will be ready soon. The process is very complicated and staff is expending a great deal of effort because of the importance of zoning decisions and trying to avoid recommending a procedure which might be faulty. Councilwoman Campbell said she had been asked why she didn't appeal the City Attorney's decision or advice to abstain from voting after attending the Planning Commission hearing on the Valley River rezoning. She said she had never been advised how to appeal that legal advice. She did feel representative form of government was at stake since zoning issues under the Fasano ruling couldn't be discussed with the public or other Council members. Manager said the appropriate way to challenge legal counsel is to ask the Council's advice - a vote of the Council would indicate whether it was appropriate for a member to vote on an issue. He said that although the City Attorney's opinion is not binding, the Council's defense in the event of a challenge would be weakened should the Attorney's advice not be followed. o. Dedication, Lane Med-:Net - Councilman Wood reported on his attendance at the September 19 dedication of the Lane'Med-Net, a joint venture of the city of Comm Springfield and the Oregon Emergency Medical Transportation Systems. He com- 9/26/73 mented on the availability and excellence of such emergency communications File in this area. . . P. Adoption 1990 Plan, School District 4J - Notification was received from Thomas Comm Payzant, superintendent of School District 4J, of adoption of the 1990 Plan as 10/3/73 revised by unanimous approval of the Board. File :30& 10/8/73 - 14