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<br /> -~~ <br />e Noting that the Eugene Code only affords the appellant a hearing, Ms. Ehrman <br /> asked Mr. Gary about allowing measure proponents to testify on the measure. <br /> In response, Mr. Gary noted that the purpose of the hearing is to determine <br /> what is a fair and impartial ballot title. He felt that the testimony which <br /> will be presented from the measure proponents might make the council's deci- <br /> sion easier. <br /> Responding to a question from Ms. Schue, Mr. Gary acknowledged that a State <br /> Statute mandates that a ballot title submitted to voters in an election cycle <br /> shall not be so similar to another ballot title submitted in the same elec- <br /> tion cycle as to make it unduly confusing. He noted that several issues <br /> raised during ballot title consideration caused him to question whether the <br /> City Attorney's Office should submit a new ballot title. In particular, he <br /> said that he was informed that measure proponents were circulating additional <br /> petitions of the measure, but was uncertain about which version. Also, some <br /> concern was raised on behalf of measure proponents about whether the measure, <br /> if it was successful, would require that a portion of Broadway Street between <br /> Oak and Willamette streets be closed to traffic. Mr. Gary concluded that <br /> although it would be possible to rewrite the ballot title to respond to that <br /> concern, he chose to certify the original ballot title. <br /> Mr. Rutan asked whether measure proponents would be willing to make a change <br /> in the ballot title to respond to the appeal. In response, Mr. Gary said <br /> that because there is some disagreement between measure proponents and oppo- <br /> nents about what the ballot measure provides, he is doubtful that the two <br />e parties would be able to reach an agreement on acceptable ballot title word- <br /> ing. <br /> The council agreed to hear testimony from both measure proponents and appel- <br /> lants. <br /> Mike Schwartz, 2390 Lariat Drive, testified in favor of changing ballot title <br /> wording. He felt that the measure, if successful, would clearly permit clo- <br /> sure to traffic of the section of Broadway Street in question. However, <br /> ballot title wording on this issue is unclear and should be rewritten to <br /> reflect the intent of the measure. Mr. Schwartz registered concern about the <br /> possible impact that street closure would have on First Interstate Bank. <br /> Gerry Gaydos, no address given, spoke on behalf of First Interstate Bank in <br /> favor of alternate ballot title wording. He concurred with Mr. Schwartz that <br /> the ballot title wording is unclear. He spoke about the negative impact <br /> street closure would have on First Interstate Bank and said that the ballot <br /> title should be rewritten to reflect that street closure would apply exclu- <br /> sively to additional vehicular traffic. Mr. Gaydos submitted a proposal for <br /> alternate ballot title wording that would clarify this issue. <br /> Doug DuPriest, speaking on behalf of Don Zadoff and the Save the Mall Commit- <br /> tee, testified against the appeal. In disagreement with Mr. Schwartz, he <br /> said that the ballot measure is clear in its intent not to create any addi- <br /> tional road closures and felt that the ballot title wording reflects this <br />e <br /> MINUTES--Eugene City Council September 26, 1990 Page 2 <br />