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<br />~ V. PUBLIC HEARING: CITY OF EUGENE ALLEY VACATION (STEVE BENNETT-- <br />AV 90-1) <br /> <br />City Manager Mike Gleason introduced the topic. Planning Division Manager <br />Jan Childs reported that in 1964, the City Council adopted an ordinance <br />vacating the alley located north of 27th Avenue, between Willamette and Oak <br />Streets. Due to an error in the legal description of the alley, the vacation <br />was not valid, and in 1988 the council again considered the vacation but <br />decided not to proceed due to objections from abutting owners. At this <br />point, all the affected property owners have agreed to support the vacation. <br /> <br />Mayor Miller opened the public hearing. <br /> <br />Allen Gardner, 725 Country Club Road, represented one of the codefendants in <br />pending litigation that involves this alleyway. He assured the council that <br />all parties to the litigation favor the alley vacation, which would result in <br />a resolution of the dispute over boundary lines and use of an easement. <br /> <br />e <br /> <br />Randy Prince, 1819 Columbia, questioned the use of the emergency clause in <br />the proposed ordinance. He suggested that such urgency indicates disparity <br />between the council's rules of operating and its needs. <br /> <br />There being no further requests to speak, the public hearing was closed. <br /> <br />City Attorney Bill Gary explained that because the ordinance relates to <br />pending litigation, the emergency clause satisfies the court that the matter <br />will be disposed of quickly. <br /> <br />Answering a question from Ms. Ehrman, Ms. Childs said that monetary payment <br />generally is required in alley vacations in Eugene. This case is an <br />exception, rather than the normal practice, and no money is required. <br /> <br />CB 4215--An ordinance vacating an alley; and declaring an <br />emergency. <br /> <br />Ms. Schue moved, seconded by Mr. Rutan, that the bill, with <br />unanimous consent of the council, be read the second time by <br />council bill number only, and that enactment be considered at <br />this time. Roll call vote; the motion carried unanimously, <br />6:0. <br /> <br />Council Bill 4215 was read the second time by number only. <br /> <br />Ms. Schue moved, seconded by Mr. Rutan, that the bill be <br />approved and given final passage. Roll call vote; all <br />councilors present voting aye, the bill was declared passed <br />(and became Ordinance No. 19690) <br /> <br />The council took a five-minute break. <br /> <br />e <br /> <br />MINUTES--Eugene City Council <br /> <br />May 14, 1990 <br /> <br />Page 5 <br />