02/27/1989 Meeting - Laserfiche WebLink

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e Council Bills 4129 and 4130 were read the second time by council bill numbers and titles only. Ms. Bascom moved, seconded by Mr. Rutan, that the bills be approved and given final passage. Mr. Holmer pointed out that the second ordinance being considered (CB 4130) does not include findings. Roll call vote; all councilors present voting aye, the bills were declared passed (and become Ordinance No. 19605 and Ordinance No. 19606). Mayor Miller asked that issues involving LTD be considered in conjunction with the skateboarding ordinance at a council work session. Mr. Gleason introduced B'ill Gary of the City Attorney's Office who explained why findings were included in the mall ordinance. Mr. Gary explained that findings were determined to be necessary based upon Oregon Supreme Court decisions, particularly State vs. Tidyman. In interpreting the State constitutional free speech provisions, Mr. Gary said the court has made clear that when a state or city seeks to regulate in an area protected by the State Constitution, it m~st do so carefully and is encouraged to set forth the reasons for taking that action so the court can measure the reasons given for the regulation against the actions taken to determine whether the ordinance has gone too far in intruding into areas protected by the Constitution. ~ Mr. Bennett encouraged the selection of language for findings that will state the purpose without making specific statements as to the current conditions which he equated to a value judgment. Mr. Gary responded that the findings in question were intended to represent the City1s objective in the mall rather than its current condition. III. PUBLIC HEARING: ANNEXATION/REZONING REQUEST FOR PROPERTY LOCATED SOUTH OF FRANKLIN BOULEVARD AND WEST OF HENDERSON AVENUE (LANE TRANSIT DISTRICT) (AZ 89-1) City Manager Mike Gleason introduced the item. Neil Bjorklund, Planning, Development, and Building Department, presented the staff report. Mr. Bjorklund reported that the annexation was initiated by LTD for the site of its bus maintenance and administrative facilities on Glenwood Boulevard. Annexation is sought in order to obtain municipal services and to comply with the requirements of a site review that was approved for the construction on the site. Mr. Bjorklund pointed out that this annexation differs from others that have come before the council in that the double majority process, approved by the Legislature in its last session, is being used. This process requires that over half the electors living within the annexation area support the e MINUTES--Eugene City Council February 27, 1989 Page 9