09/07/1988 Meeting - Laserfiche WebLink

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tit Tim Sercombe, City Attorney's Office, informed the council that there is some legal question of whether the form of the action to close or open a two-block stretch of the street is something that is sufficiently legislative in character to be referred. If the council desires a straight referral of legislation that is passed as a resolution or ordinance, the ordinance needs to be prepared to deal with more than just Willamette Street and still have the effect of keeping Willamette Street closed. It has been structured in the form of an advisory vote for that reason. Mr. Sercombe's second point was that it is necessary for the council to act to both adopt the resolution or ordinance on keeping Willamette Street closed and to adopt a resolution calling an election, or referring that for an election, by the September 9 deadline. A ballot title, the form of the referral ordinance or resolution, and the form of the ordinance being referred, must all be prepared. He said the next available election date would be March 1989. Mr. Gleason said the motion, as it was passed, is not legislative so an advisory question related to that motion would not have to deal with the referendum prohibition against legislative review. Mayor Obie stated that it would be less costly to keep the street closed than to open it. He said the council's vote kept faith with the public sentiment expressed in testimony at the public hearing. He saw a vital need for the council to maintain flexibility and he considered the issue of what the e voters are voting on to be critical. Ms. Schue spoke in opposition to delaying a public vote. She said a March election would cost $25,000 for a vote-by-mail and she considered November the logical time to make a decision on an issue that has been around for such a long time. She asked Mr. Sercombe whether viewing it as an advisory ballot and using the language that has been prepared with an amendment would permit the issue's placement on the November ballot. Mr. Sercombe responded affirmatively, saying the council has a resolution before it calling an election on November 8. In response to a question from Ms. Ehrman about the possibility of having an advisory vote on the decision the council had made, Mr. Sercombe said the council needs to consider the structure of an advisory vote: whether it wishes to place a proposition before the voters in which a lIyesll vote is to open the street and a "no" vote is to keep it closed, or if it should be structured so a "yesll vote supports the council's decision and "no" does not. Ms. Wooten reminded the council of recent experiences with adv~sory votes and said the public perception is of a non-binding, "mock" vote by which the council mayor may not abide. 4IIMINUTES--EUgene City Council September 7, 1988 Page 7