08/03/1987 Meeting - Laserfiche WebLink

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Mr. Holmer asked whether the Planning Commission could offer advice on the issue. Ms. Jones said vacations went directly to the City Council. She added e that she would check but she thought the council could ask the Planning Commission for unofficial advice. Mr. Croteau said the Planning Commission was not part of the official vacation process, and it had not been following the issue for some time. He said referral would have both pros and cons. Mr. Rutan said he had served on the Planning Commission when the area had been rezoned. He said he had visited the site, and he thought it would be unfair to penalize the applicant for council delays. Ms. Jones reviewed the notification process. She said a call for a hearing had been sent on July 6, 1987, but she added several calls had been received about the confusing legal language in the notice. She said bright orange notices had been posted in the area on July 8, and staff notes had been sent on July 30. Mr. Miller asked about the possibility of streets in the area being used for emergency access. He also asked about City liability if pedestrian and bicycle access were allowed without any additional improvements or safety enhancements. Ms. Jones said the crossing would be difficult to negotiate, but when the plan had been developed, drafters had not wanted to eliminate flexibility for future use. She said the crossing had not been pursued since because implementation of the adopted plan was not yet on the work program. She added that further direction to pursue the issue could result in a quicker resolution. Kay Kiner James, of the City Attorney's Office, responded to the question e about City liability. Ms. Kiner James said the council had no exposure to 1 i abi 1 i ty because it was a policy-making body that was dealing with a discretionary decision. She said if litigation were being considered, the City Attorney's Office would provide confidential advice in a written form. She said she saw no liability to the City of Eugene. Mr. Gleason said he could have Risk Management staff assess the tort risks in encouraging people to use the crossing. Ms. Bascom asked whether it now was illegal to use the crossing. Ms. Jones said the crossing was closed to vehicular and other public access. Ms. Bascom said she expected that residents would continue to use the crossing as long as it was needed and unless a tremendous barricade was installed. Mayor Obie said an item coul d be postponed to the next meeting i f two councilors requested it. He said the next council meeting was scheduled for September 9. Mr. Miller said he had visited the area and found it to be in a transition of development. He said he was concerned about the danger that children were exposed to in crossing railroad tracks and about the danger of encouraging pedestrians to use the crossing. He said he did not favor giving public approval to those possibilities without contributing money for safety improvements, and he was willing to take action today. e MINUTES--Eugene City Council August 3, 1987 Page 8